NYPD cop wrongfully removed more than $1,000 from a man during a stop-and-frisk then pepper sprayed two people he did not arrest

The Brooklyn District Attorney’s office is investigating allegations that an NYPD cop wrongfully removed more than $1,000 from a man during a stop-and-frisk then pepper sprayed two people he did not arrest, the Daily News has learned.

The encounter was captured on a cell phone video, which has been turned over to prosecutors and the NYPD Internal Affairs Bureau, said lawyer Robert Marinelli.

“One of the most disturbing things about the video is the other cops standing around watching and doing nothing to stop the wrongdoing,” Marinelli said Wednesday.

Marinelli represents siblings who were pepper sprayed — Lamard Joye who claims the cop took $1,300 from his pocket, which has still not been accounted, and his sister Lateefah Joye, a professional basketball player in Europe, who tried to get the cop’s badge number.

“I believe that this officer made an assumption that any money Mr. Joye possessed was obtained illegally and therefore he would not report the theft. This assumption was wrong, Mr. Joye is a hard-working taxpayer deserving respect,” said Marinelli.

The brief clip begins with the unidentified cop pushing Lamard Joye against the fence of a basketball court at the Surfside Gardens houses in Coney Island around 12:20 a.m. on Sept. 16.

What precipitated the incident, and is not recorded on the video, according to Marinelli, were cops roughing up a young man named Terrell Haskins nearby, prompting Lamard Joye and his friends to shout, “Is that necessary?”

A group of cops confronted Lamard, whose arms are outstretched and is saying to onlookers, “You see this?”

The cop appears to reach into Joye’s pocket and pull out a thick wad of cash.

“Gimme my money!” Lamard Joye shouts, before the cop squirts him in the face with the spray.

Lamard darts off and his sister begins arguing with the cop. An onlooker is heard yelling, “How ya’ gonna take his money?” and “Get his badge number.”

Marinelli said the next day he was contacted by Lamard seeking legal help to get his money back. Lamard is a construction worker who had withdrawn the large sum from a bank a week earlier because the day of the incident was his 35th birthday and he was going to take his wife out on the town, Marinelli said.

The lawyer gave the video to the Brooklyn D.A.’s chief civil rights prosecutor and also provided pay stubs, visual evidence of Lamard cashing his paycheck at a check cashing store, and bank records documenting the cash withdrawl.

The Joyes, Haskins and the man who shot the video have all been interviewed by investigators.

“We are aware of the alleged incident and it is being actively and thoroughly investigated,” said Brooklyn District Attorney Kenneth Thompson.

RTESY OF ROBERT MARINELLIThe cop then allegedly used pepper spray on two people who weren’t arrested.

The NYPD had no immediate comment.

Last week, Police Commissioner William Bratton dropped a bombshell at a summit of top NYPD commanders when they viewed a video montage titled “What Would You Do?” showing clips of cops kicking and beating people who don’t appear to be fighting back.

Bratton vowed to rid the force of any officer “who’s so callous, so brutal, so corrupt, that they feel comfortable engaging in those acts of brutality, acts of corruption without fear.”

There were 198 allegations against cops reported to the Civilian Complaint Review Board last year involving the use of pepper spray. That was down from 208 allegations the previous year and the number has been dropping each year since 2009 when there were 342 allegations, according to a CCRB spokeswoman.

Patrolmen’s Benevolent Association President Patrick Lynch said,” A 35 second long video does not provide enough information about a police encounter to come to any conclusion about what transpired. The rush to judgment will leave this city with an impotent police department where police officers will be afraid to act and neighborhoods